State ex rel. Gains v. Mahoning Cty. Bd. of Elections

Ohio Supreme Court

State ex rel. Gains v. Mahoning Cty. Bd. of Elections

893 N.E.2d 197, 119 Ohio St. 3d 1433

CourtOhio Supreme Court

DecidedSeptember 4, 2008

Docket2008-1129

StatusPublished

Cited by3 cases

This text of 893 N.E.2d 197 (State ex rel. Gains v. Mahoning Cty. Bd. of Elections) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Gains v. Mahoning Cty. Bd. of Elections, 893 N.E.2d 197, 119 Ohio St. 3d 1433 (Ohio 2008).

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Opinion

In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. On S.CtPrac.R. X(5) determination and consideration of respondent’s motion for judgment on the pleadings,

It is ordered by the court that the motion for judgment on the pleadings is granted and that the cause is dismissed. Relator has or had an adequate remedy at law by way of an action for a prohibitory injunction. See Tatman v. Fairfield, Cty. Bd. of Elections, 102 Ohio St.3d 425, 2004-Ohio-3701, 811 N.E.2d 1130, ¶ 17-19.

Moyer, C.J., and Pfeifer, O’Connor, Lanzinger, and Cupp, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent and would grant an alternative writ.

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In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. On S.CtPrac.R. X(5) determination and consideration of respondent’s motion for judgment on the pleadings,

It is ordered by the court that the motion for judgment on the pleadings is granted and that the cause is dismissed. Relator has or had an adequate remedy at law by way of an action for a prohibitory injunction. See Tatman v. Fairfield, Cty. Bd. of Elections, 102 Ohio St.3d 425, 2004-Ohio-3701, 811 N.E.2d 1130, ¶ 17-19.

Moyer, C.J., and Pfeifer, O’Connor, Lanzinger, and Cupp, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent and would grant an alternative writ.

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Bluebook (online)

893 N.E.2d 197, 119 Ohio St. 3d 1433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gains-v-mahoning-cty-bd-of-elections-ohio-2008.

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